SHIV MURAT SHARMA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition under Articles 226/227 of the Constitution of India seeks issuance of writ of Certiorari quashing the impugned award given by the Industrial Tribunal -cum -Labour Court, Gurgaon (hereinafter referred to as the Labour Court) dated 8.4.1996 whereby the reference has been decided against the petitioner (hereinafter referred to as the workman) and no relief has been granted to him.

(2.) THE workman was appointed as Markingman on 20.8.1979. His services were terminated on 6.5.1984. The demand notice was given on 4.11.1987 i.e. after a period of more than three years. The Management raised a preliminary objection to the effect that the reference was delayed, and therefore, the same deserves to be disallowed on this ground alone. It was also pleaded that two charge -sheets dated 12.11.1983 and 18.12.1983 involving serious misconducts were served upon the workman. The allegations against the workman are that on 11,11.83 at about 10.30 a.m., he entered the cabin of one Lok Nath, an official of the company and demanded to be given a copy of the Factories Act. Lok Nath informed the workman that he did not have the book and that it would be shown to him later. On this, the workman is alleged to have stated, "If you do not show me the book, I will lift you from this chair and throw you out of this cabin." On the asking of Lok Nath, the workman did not go out of the cabin. He was removed with the help of security guard. It is further alleged that on 17.12.1983 at about 9.40 p.m. the workman came to the gate of the factory. He was entering the gate on a bicycle. He was asked by the guard to enter the factory after getting down from the bicycle. The workman thrust open the gate with the front wheel of his bicycle and entered the factory. He abused ASO Dinesh Chandra. When he was asked the reason for abusing, he lifted a stick and aimed a blow on the head of Dinesh Chandra who saved his head by raising his hand and sustained injuries on his hands. On hearing the commotion, many workers alongwith one Das Gupta came at the gate. They persuaded the workman and he was taken to the Sadar Police Station. Dinesh Chandra was taken to the General Hospital, Gurgaon where he was medically examined. Two separate enquiries were conducted into the charges. The defence put forward by the workman was disbelieved. It was held that the charge -sheet dated 12.11.83 stands proved. The Enquiry Officer also noticed that the workman sought adjournments on 18.2.84 and 25.2.84 which were given to him. He had sought adjournment on 8.3.84 which was also granted to him as a last opportunity. Enquiry was fixed for 10.3.84. The workman had, however, walked out from the enquiry on 8.3.84 and did not sign the two enquiry proceedings. It was also stated that he fully knew that the enquiry had been adjourned to 10.3.84. Since the workman did not turn up on 10.3.84, he was sent a registered letter fixing the date on 20.3.84. This letter was received back with the remark that the workman was avoiding delivery of the letter deliberately. The postman had shown that he visited the workman on various dates from 19.2.84 to 24.3.84. With regard to the incident dated 18.12.83, the Enquiry Officer has held that the charges levelled against the workman are proved, except the charge of abusing Dinesh Chandera, Security Incharge, Keeping in view the aforesaid findings of the Enquiry Officer, the claim of the workman had been rejected.

(3.) I have considered the submissions made by the learned counsel.